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01/08/76 PEOPLE v. FUDGE

January 8, 1976

PEOPLE
v.
FUDGE



Appeal from Kalamazoo, Raymond W. Fox, J.

N. J. Kaufman, P. J., and R. B. Burns and G. R. Deneweth,* JJ.

SYLLABUS BY THE COURT

1. Witnesses -- Endorsement of Witnesses -- Judge's Discretion -- Appeal and Error.

The determination of an application to indorse a witness made during trial by either party lies within the discretion of the trial court and will not be disturbed on appeal except for an abuse of that discretion.

2. Witnesses -- -- Res Gestae Witnesses -- Eyewitnesses.

The res gestae rule, which requires that all res gestae witnesses be indorsed, encompasses not only eyewitnesses but also any other witness whose testimony may aid the making of a fair presentation of the res gestae of the crime charged and may be necessary to protect the accused from being the victim of a false accusation.

3. Witnesses -- -- Identification -- Indorsement.

Witnesses who were present at the scene of a crime but cannot identify the defendant as the perpetrator must be indorsed in a criminal prosecution wherein identification is in issue.

4. Witnesses -- -- Res Gestae Witnesses -- Endorsement -- Prejudice.

A defendant was not prejudiced so as to require reversal of his conviction by the denial of his motion to have a person indorsed as a res gestae witness where, after the denial, the defendant called that person as his own witness and the witness's testimony was that the defendant was not with him at the scene of the crime and the witness's other testimony was entirely favorable to the defendant.

5. -- Impeachment of Defendant -- Prior Convictions -- Statutes -- Discretion.

Impeachment of a defendant by the introduction of his prior convictions is expressly permitted by statute and is a matter of the trial court's discretion (MCLA 600.2159; MSA 27A.2159).

6. -- Appeal and Error -- Motions -- Directed Verdict of Acquittal -- Reasonable Doubt.

A reviewing court, in passing on a motion for a directed verdict of acquittal in a criminal case, must consider only the evidence which has been introduced at the time the motion was made, view that evidence in the light most favorable to the prosecution, and determine whether that evidence, if credible and believed, would justify a reasonable man ...


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